Download twisp municipal airport ground lease

TWISP MUNICIPAL AIRPORT GROUND LEASE
THIS TWISP MUNICIPAL AIRPORT GROUND LEASE (hereinafter “Ground Lease”) is
made and entered into this _____ day of___________, 20____, by and between the TOWN OF
TWISP, a municipal corporation, herein “TOWN”, and
__________________________________herein “LESSEE”.
WITNESSETH:
For and in consideration of the rentals herein agreed to be paid, and in further
consideration of the promises, covenants and agreements of the parties made one to the other, as
hereinafter set forth, the TOWN does by lease, let and demise unto the LESSEE the following
property consisting of tract of land approximately 50 ft. x 50 ft. located adjacent to the main
runway at the Twisp Municipal Airport, said tract being designated upon the map of the hangar
area of the Twisp Municipal airport as hangar space number _____, said map being by this
reference hereto incorporated herein and made a part hereof as if fully set forth, and which said
hangar space s hereinafter referred to as the “premises”, upon the following terms and
conditions:
1.
TERM: The term of this Ground Lease shall be for a period of ten (10) years,
commencing on the 1st day of _________, 20_____ and terminating on the _____ day
of _________, 20___.
LESSEE shall have the first right of renew the Ground Lease for an additional term of ten
(10) years on the same terms and conditions as herein set forth, except for rentals, which
shall be negotiated by the parties for any renewal term, and subject to the provisions of
increase of rentals hereinafter set forth. LESSEE shall notify the TOWN not less than
ninety (90) days prior to the expiration of the term herein granted of the intention of the
LESSEE to renew this Ground Lease.
2. RENTAL: As rental for the said premises LESSEE agrees to pay to the TOWN an
initial annual rental of one hundred and ninety seven dollars ($197.00) payable in
advance on the first day of ________ of each year during the term herein granted.
TOWN acknowledges receipt of the sum one hundred and ninety one dollars
($197.00) in payment of the annual rental due at the time of execution of the Ground
Lease.
It is understood and agreed that the amount of the annual rental payable, shall be
subject to annual review by the TWISP Town Council AND/OR the TWISP
Municipal Airport Board, and the Airport Manager during the term of this lease
and any necessary rental increases be subject to the Seattle Consumer Price Index
(Seattle CPI-U) not to exceed 3%. It is also understood and agreed that any NEW
LESSEE lease amounts MAY be based upon 5 year average of financial fiscal
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3.
4.
5.
6.
needs of the Airport (not to exceed 50%), and agreed upon by a quorum of the
members of the TWISP Town Council.
USE OF PREMISES: The premises shall be used by LESSEE solely for the
erection of an aircraft hangar to house, garage, or store aircraft and necessary tools
and equipment for repair of such aircraft. Other non–aviation business or personal
uses are prohibited, including storage of non-aviation goods. LESSEE shall be
allowed to store one (1) automobile on the premises provided that such automobile is
used solely for the personal transportation of the LESSEE. LESSEE shall erect said
hangar at LESSEE’S expense and not at the expense of TOWN and shall not permit
any cost or expense of such hangar construction to remain unpaid, or become
delinquent, or a lien upon the premises. LESSEE shall erect said hangar in a style
and manner of construction compatible with existing hangars, shall comply with all
applicable building and construction codes; and, shall obtain, at LESSEE’S expense,
all permits required for such construction project, including an appropriate building
permit. Hangars shall be a minimum of 40 ft. by 40 ft. and the exterior must be
completely sheeted with an approved material, with doors that close. The color and
type of material used for sheeting must be approved by the TOWN Airport Board in
writing prior to construction. Each aircraft hangar may include one (1) bathroom,
consisting of a stool and sink, if adequate water and sewer services are available, and
a flight planning room only. Any living quarters, beds or furniture used for sleeping
are prohibited.
RIGHT OF INSPECTION: TOWN shall be allowed to inspect the premises,
including interior hangar spaces, annually to assure uses are in compliance with this
Ground Lease. Notice of such inspection will be mailed to the LESSEE’S address
listed herein. Interim inspections shall be allowed if TOWN receives any reports of
violations of the Paragraph, also after written notice is mailed. It shall be the
responsibility of the LESSEE to provide access to the premises, including interior
hangar space, on the date specified by TOWN on the written notice, or at such time as
agreed between the parties. Failure to provide access as provided in the Paragraph
shall constitute a violation of the Ground Lease.
TAXES/INSURANCE: LESSEE agrees to pay, prior to delinquency, all personal
property taxes, leasehold excise taxes or other taxes lawfully levied or assessed
against the premises. LESSEE further understands and agrees that all property placed
upon said premises shall be at the sole risk of LESSEE and not at the risk of the
TOWN.
CONSTRUCTION AND PAVING: LESSEE shall make application and obtain a
building permit for the construction of an aircraft hangar on the premises within eight
(8) months of the date of the Ground Lease. Construction of the aircraft hangar must
be completed within the timeframe of such building permit, or extensions. In the
event that LESSEE fails to comply with the requirements of this paragraph, it shall
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constitute a default in the terms of this Ground Lease. Provided, that in the
alternative to declaring a default of the Ground Lease, the TOWN may, at its sole and
exclusive option, offer another hangar site to LESSEE. In the event LESSEE agrees
to accept another hangar site offer by the TOWN, this Ground Lease shall be
amended to reflect such change.
LESSEE shall be obligated to pave any taxiway or area in front of the premises
(between the aircraft hangar and runway) in a like manner to match the existing
width, composition and type of pavement of existing taxiways or areas existing on
either or both sides of the premises. Such paving shall be completed within sixty
(60) days of completion of the construction of any aircraft hangar on the premises.
Such paving shall be at the sole expense of LESSEE. For purposes of the
paragraph, “completion of construction” shall mean six (6) months from the
issuance of a building permit, or after final inspection and approval of the aircraft
hangar by the TOWN’S building official, whichever occurs first.
7. REMOVAL OF IMPROVEMENTS: At the expiration of the term of this Ground
Lease, or any renewal thereof, LESSEE shall have the right to remove any
improvements, excepting any concrete slabs or paving, from the premises place
thereon by LESSEE during the term of the Ground Lease that can be removed
without damage or injury to the realty. Any improvement not removed from the
premises within ninety (90) days of the expiration of this Ground Lease shall revert to
and become the property of the TOWN.
8. CARE OF PREMISES: LESSEE agrees to keep the premises, and all
improvements placed thereon, in a neat, clean and sanitary condition, and in the use
and operation of the premises that they will comply with all laws, rules, and
regulations of governmental units or agencies having jurisdiction over the
maintenance, use, and operation of the premises.
9. DEFAULT: If LESSEE shall fail to pay the rental herein provided, or shall fail to
pay any tax lawfully assessed against the premises, prior to delinquency thereof, or if
LESSEE shall fail to keep and/or perform any other promise, covenant or agreement
herein contained, the TOWN, after written notice to LESSEE, given by certified mail,
specifying the breach, default, or delinquency remains uncured thirty (30) days after
date of such notice, re-enter and take possession of the premises, and the whole
thereof, in the manner provided by law.
10. ASSIGNMENT: No assignment of the Ground Lease, or subletting of the premises,
or any part thereof, without the prior written consent of TOWN shall be valid or
binding upon the TOWN, and any such purported assignment or subletting without
the written consent of TOWN first obtained shall constitute a default in the terms of
this Ground Lease.
11. INDEMNIFICATION AND HOLD HARMLESS: LESSEE does hereby agree to
indemnify and hold TOWN, their officers, agents, employees and elected officials,
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harmless from any claims, causes of action, suits, damages, injuries or judgments,
including attorney’s fees, that may be claimed or accrued by reason of the use,
occupancy, or improvement of the premises by LESSEE, its officers, agents,
employees, guests and invitees, or caused by the act or neglect of LESSEE, its
officers, agents, employees, guests and invitees.
12. LEGAL EXPENSE: In the event any suit, action, or proceeding at law or equity
shall be instituted by either party arising out of this Ground Lease, the prevailing
party shall be entitled to recover all costs, expenses and attorney’s fees incurred in
such action.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day
and year first hereinabove written.
TOWN OF TWISP, WASHINGTON
BY:
____________________________________
Mayor
ATTEST: ______________________________
Town Clerk
LESSEE: ________________________________
Signature
Printed name
Address
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STATE OF WASHINGTON )
ss:
County of Okanogan
)
I certify that I know or have satisfactory evidence that ___________________is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes
mentioned in the instrument.
Dated: ______________________
Signature
Title:
My appointment expires:
The Town of Twisp listens, responds and provides community services in an efficient manner. We will
provide opportunities to enhance the spirit of our small rural community and strengthen its future
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